How To Beat Your Boss On Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a way to earn money. This is why you should hire an attorney that is certified to deal with VA claims.

A Connecticut veteran who suffered from schizophrenia post-traumatic stress disorder and other mental health conditions linked to a deadly aircraft carrier collision has won a major victory. But it comes with a substantial cost.

Class Action Settlement

The Department of Veterans Affairs has consistently discriminated against Black veterans by refusing disability compensation claims at a significantly higher rate than white veterans, as per the lawsuit filed on Monday. Conley Monk is a 74-year-old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic and Monk claims that the VA denied his disability claim at a greater rate than white veterans in the past three decades.

Monk, a retired psychiatrist, has claimed that discrimination by VA has led him, and other black vets to suffer in a way that has affected their health, home life, employment, and education. He wants the VA to reimburse him for the benefits that it has denied him, and to modify their policies on race, discharge status, and denial rates.

Monk and the Veterans Legal Services Clinic received 20 years of VA disability claim data in the last year, thanks to a Freedom of Information Act request that they submitted on behalf of National Veterans Council for Legal Redress as well as the Black Veterans Project. The results showed that Black veterans were statistically less likely to be granted an appeal for disability than white veterans disability lawyer between 2001 to 2020. The average denial rate for black veterans was 6.3 percent higher than white veterans.

Discrimination basing it on PTSD

According to a lawsuit filed Monday that the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that VA officials have historically denied claims made by Black veterans.

Conley Monk was a member of the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle and helped move troops and equipment into combat zones. Monk was later involved in two battles, which he attributed to his PTSD. In 1971, he received an unjust discharge that was not acceptable. That "bad paper" hindered him from receiving the home loan, tuition assistance and other benefits.

He filed a lawsuit against the military to overturn the discharge and was awarded a full range of benefits in 2015 and 2020. He claims that the VA is liable for past denials of disability benefits. He also suffered a lot of emotional harm as he relived some of his most traumatizing memories through each application and re-application for benefits the suit says.

The lawsuit seeks monetary damages and also to require the VA to look into the systemic PTSD bias. This is the latest attempt by groups such as the ACLU and Service Women's Action Network to demand the VA to end the long-running discrimination against sexual assault survivors.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers about veterans disability lawsuit disability compensation and its effect on money issues in divorce. One of the biggest misconceptions is that veterans can get their VA compensation garnished in order to pay alimony or child support orders in state courts. This is simply not true. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles, as well as moving troops and equipment out of combat zones. He was awarded several medals, but later his discharge was not a prestigious one because he was battling two times caused by undiagnosed post-traumatic stress disorder. It was a long and difficult road to get the VA to accept disability compensation.

He was denied access at an amount that was significantly higher than white people. This discrimination against Blacks was systematic and widespread, as per the lawsuit brought on behalf of him by the National Veterans Council for Legal Redress and the Veterans Legal Services Clinic at Yale Law School. The lawsuit claims that the VA was aware of but did not confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans similar to Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as swiftly as you can. A veteran disability lawyer can help ensure that your appeal fulfills all requirements and gets an equitable hearing.

A competent lawyer will review the evidence to support your claim and, should it be necessary, present new and additional evidence. A lawyer who is knowledgeable about the challenges of the VA will be more sympathetic to your situation. This could be a valuable benefit in your appeals process.

A claim for disability from a veteran is usually rejected because the agency didn't accurately describe their condition. A lawyer with experience can ensure that your condition is properly classified and rated correctly, allowing you to get the benefits you're entitled to. A lawyer who is qualified will be able to consult with medical professionals to provide additional evidence of your health condition. A medical expert for instance, might be able to demonstrate that the pain you are experiencing is due to your service-related injury and that it is disabling. They might also be able to assist you obtain the medical records that are required to prove your claim.